SHRI KETANKUMAR ARVINDBHAI AMIN,CHHANI, VADODARA V. INCOME TAX OFFICER, WARD-1(2)(1), VADODARA

ITA 482/AHD/2024

AI Insights

This case involves an appeal by Shri Ketankumar Arvindbhai Amin against the order of the National Faceless Appeal Centre (NFAC), Delhi, concerning the assessment year 2011-12. The primary contention revolves around the confirmation of a long-term capital gain of Rs 1,15,01,000 on the sale of agricultural land, which the assessee argues was owned by 'HUF and not by him in his individual capacity. Additionally, the assessee contests the year of 'transfer' of the land and seeks deductions under sections 54F and 54B of the Income Tax Act, which were not granted by the CIT(A). The Tribunal admitted additional evidence from the assessee, recognizing its importance for a fair adjudication, and thus remanded the case back to the CIT(A) for a thorough re-examination.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 315515 (ITAT-AHMEDABAD)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-05-2025
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: D
• Assessment Year: 2011-2012
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: SANTOSH KUMAR
• Assessee Lawyers: TUSHAR HEMANI; PARIMALSINH PARMAR
• Keywords: Additional evidence; Cost of acquisition; Principle of natural justice
• Section: 148; 144; 54B; 54F

Judgement Text

"THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD “D” BENCH Before Dr. BRR Kumar, Vice President And Ms. Suchitra Kamble, Judicial Member Shri Ketankumar Arvindbhai Amin, A/59, Dwarkesh Nagar Society, B/h Mansarovar, Chhani Vadodara-391740 PAN: AHSPA8963F (Appellant) Vs The ITO, Ward-1(2)(1) Vadodara (Respondent) Assessee by: Shri Tushar Hemani, Sr. A.R. & Shri Parimalsinh Parmar, A.R. Revenue by: Shri Santosh Kumar, Sr. D.R. Date of hearing : 17-04-2025 Date of pronouncement : 14-05-2025 आदेश/ORDER Per Suchitra Kamble, Judicial Member: This is an appeal filed against the order dated 19-02- 2024 passed by National Faceless Appeal Centre (NFAC), Delhi for assessment year 2011-12. 2. The grounds of appeal are as under:- “The appellant craves liberty to place on record concise grounds of appeal as follows in line with Rule 8 of the Income-tax (Appellate Tribunal) Rules, 1963: ITA No. 482/Ahd/2024 Assessment Year 2011-12 I.T.A No. 482/Ahd/2024 Shri Ketankumar Arvindbhai Amin, A.Y. 2011-12 2 1. Ld. CIT(A) has erred, both in law and on facts, in confirming the addition of Rs 1,15,01,000/- in respect of alleged Long Term Capital Gain on sale of agricultural land. 2. Ld. CIT(A) has erred, both in law and on facts, in not adjudicating additional grounds of appeal raised by the assessee more than once. 3. Ld. CIT(A) has erred, both in law and on facts, in not appreciating that the agricultural land in question was owned by 'HUF and not by the assessee in his \"Individual capacity. 4. Ld. CIT(A) has erred, both in law and on facts, in not appreciating that ‘transfer’ of the agricultural land in question took place in the Assessment Year 2019-20' and not in the \"Assessment Year 2011-12’. 5. Ld. CIT(A) has erred, both in law and on facts, in not granting deduction of Rs. 7,43,000/- under section 54F of the Act. 6. Ld. CIT(A) has erred, both in law and on facts, in not granting deduction of Rs.60,43,150/- under section 54B of the Act. 7. The assessee craves liberty to add, amend and / or alter the grounds of appeal either before or at the time of hearing of the appeal. Appellant craves leave to add, amend, alter, change, delete and edit the above ground of appeal before or at the time of hearing of appeal.” 3. The assessee is an individual and the assessment proceedings u/s. 144 r.w.s. 147 of the Act were completed on 20-02-2015 thereby determining total income of Rs. 11,70,000/-. The Assessing Officer observed that the assessee sold an agricultural land for consideration of Rs. 1,79,00,000/-. On the basis of information available with the Assessing Officer, the assessment proceedings in the case were initiated u/s. 147 of the Act by recording reasons on the issue and notice u/s. 148 of the Income Tax Act, 1961 was issued to the appellant/assessee. After taking I.T.A No. 482/Ahd/2024 Shri Ketankumar Arvindbhai Amin, A.Y. 2011-12 3 into consideration indexed cost of acquisition, the long term capital gain was computed at Rs. 1,15,01,000/- and the same was added to the income of the assessee for assessment year 2011-12. 4. Being aggrieved by the assessment order, the assessee filed appeal before the CIT(A). The CIT(A) dismissed the appeal of the assessee. 5. The ld. A.R. submitted that the assessee could not file the details either before the Assessing Officer as well as before the CIT(A) as the assessee is an individual who is doing farming is not well aware about the legal intricacies. Therefore, the ld. A.R. submitted that the matter may be remanded back to the file of the CIT(A) after taking into account the additional evidences filed before the Tribunal. 6. The ld. D.R. relied upon the assessment order and the order of the CIT(A). 7. We have heard both the parties and perused the materials available on record. The assessee at this juncture has filed the details related to the sale deed of agricultural land and the payment along with other details of the disputes in preset of the said land. This additional evidence filed by the assessee is admitted as the same is important evidence to adjudicate the matter on merits. Therefore, the matter is remanded back to the file of the CIT(A) for proper verification of the evidences filed by the assessee before the I.T.A No. 482/Ahd/2024 Shri Ketankumar Arvindbhai Amin, A.Y. 2011-12 4 Tribunal and adjudicate the matter as per Income Tax Act. The assessee be given opportunity of hearing by following principles of natural justice. 8. In the result, the appeal of the assessee is partly allowed for statistical purposes. Order pronounced in the open court on 14-05-2025 Sd/- Sd/- (Dr. BRR Kumar) (Suchitra Kamble) Vice President Judicial Member Ahmedabad : Dated 14/05/2025 आदेश क\u0006 \u0007\bत ल प अ\u000fे षत / Copy of Order Forwarded to:- 1. Assessee 2. Revenue 3. Concerned CIT 4. CIT (A) 5. DR, ITAT, Ahmedabad 6. Guard file. By order/आदेश से, उप/सहायक पंजीकार आयकर अपील\u0012य अ\u0013धकरण, अहमदाबाद "